Patna High Court

Sanjeet KumarversusThe State of Bihar

Decided: 9 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court held that anticipatory bail is appropriate as the petitioner is not named in the FIR, no incriminating material has been found, and there is no likelihood of evidence tampering, subject to prescribed conditions.

Summary

The petitioner, Sanjeet Kumar, sought anticipatory bail fearing arrest in a case (Warsaliganj P.S. Case No. 284 of 2025) under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023, alleging theft of his motorcycle and cash. The prosecution alleged that unknown miscreants looted the motorcycle and Rs. 50,000, but the petitioner was not named in the FIR and was implicated only on suspicion during investigation. The petitioner’s counsel argued that no incriminating articles were recovered from him, no T.I.P. had been conducted, and he had no criminal antecedent, while the co‑accused had already been granted regular bail. The State opposed the bail. The Court, considering the lack of direct evidence linking the petitioner and the possibility of tampering, granted anticipatory bail subject to a bond of Rs. 15,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Issues considered

Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.
Whether the petitioner’s alleged involvement, given he is not named in the FIR and no material has been seized, justifies denial of bail.
Whether the petitioner poses a risk of influencing the investigation or tampering with evidence.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 482(2)
Bharatiya Nyaya Sanhita, 2023 — s. 309(4)

Subjects

anticipatory bail
Bharatiya Nyaya Sanhita
Bharatiya Nagarika Suraksha Sanhita
section 309
section 482
criminal procedure
bail conditions
investigation
theft
motorcycle robbery

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88317 of 2025
                    Arising Out of PS. Case No.-284 Year-2025 Thana- WARISLIGANJ District- Nawada
                 ======================================================
                 Sanjeet Kumar Son of Muneshwar Yadav Resident of Village- Gopichak, P.S.-
                 Sheikhpura, District- Sheikhpura



                                                                                 ... ... Petitioner/s
                                                      Versus

                 The State of Bihar



                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Ms. Suruchi Anand, Advocate
                 For the Opposite Party/s :      Mr. Mithlesh Kumar Khare, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   09-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner apprehends his arrest in connection

                   with Warsaliganj P.S. Case No. 284 of 2025 instituted for the

                   offences under Section 309(4) of the Bharatiya Nyaya Sanhita,

                   2023.

                               3. Prosecution case, in short, is that, when the

                   informant was on his way on his motorcycle, 3-4 unknown

                   miscreants stopped him and looted his motorcycle as also Rs.

                   50,000/- in cash.

                               4. Learned counsel for the petitioner submitted that the
Patna High Court CR. MISC. No.88317 of 2025(3) dt.09-02-2026
                                            2/3




          petitioner has falsely been implicated in the present case.

          Petitioner is not named in the F.I.R. The name of the petitioner

          transpired in this case during investigation on the basis of

          suspicion. No incriminating article has been recovered from the

          conscious possession or from the house of the petitioner.

          Learned counsel further submitted that T.I.P. has not been

          conducted till date. Learned counsel further submitted that

          petitioner has got no concern with the looted articles. It has been

          submitted on behalf of the petitioner that the petitioner has no

          criminal antecedent. The co-accused person has already been

          granted regular bail by this Court vide order dated 27.08.2025

          passed in Cr. Misc. No. 57424 of 2025.

                      5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner.

                       6. Considering the aforesaid facts and circumstances

          of the case, let the petitioner, above named, in the event of

          arrest/surrender before the Court below within a period of six

          weeks from today, be released on anticipatory bail on furnishing

          bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

          sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with             Warsaliganj P.S.

          Case No. 284 of 2025, subject to the conditions as laid down
           Patna High Court CR. MISC. No.88317 of 2025(3) dt.09-02-2026
                                                       3/3




                     under Section 482(2) of the Bharatiya Nagarika Suraksha

                     Sanhita, 2023.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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